Parliamentary Law Making Flashcards
What are the stages of the PLM process ?
green papers
white papers
bills
1st reading
2nd reading
committee stage
report stage
3rd reading
‘ping-pong’
1911&1949 Parl. Acts
Royal Assent
What are green papers and an example ?
gather feedback from interested parties ‘High Speed Rail’ March 2010
What are the white papers ?
firmer set of ideas for the bill
What are the types of Bills and what do they do with examples?
Public Bills - created by gov. affect whole country
Private Members - intros. by ind. MPs by ballot or 10 minute rule - Abortion 1967 (David Steet)
Private Bills- only affect ind. ppl - Marriage Enabling Act 1980 (stepdad & daugh. can marry if met when adult)
What is the first reading and e.gs ?
name and aim of bill read out (norm. HOC) - EU (withdrawal) Bill 2017
verbal vote to progress
What is the 2nd reading and e.gs ?
main debate on principles
of wish to speak catch ‘speakers eye’
vote taken - majority to pass
What is the committee stage?
16-50 MPs w special interest scrutinise word by word
members of group proper. match sears each party has
finance- whole HOC sit
members propose amend.s to bill
What is the report stage ?
any ammend.s must be in report stage where vote to make amend.s or not
if no amends. stage not take place
What is the 3rd reading?
final review of bill & vote
6+ request it then further debate
unlikely fail this stage if does pass the. passed to the other house where stages repeat
What is ping pong and e.gs?
where a bill is passed between houses - Nationalities and Borders Bill
What are the 1911 & 1949 Parl. Acts & e.g ?
HOL can block a bill for a year then HOC can reintroduce and take it through the stages again without permission of HOL- Hunting Act 2004
What is the Royal Assent ?
monarch give formal approval of bill
last time refused was 1707
What is the PLM system ?
HOC HOL and monarch work together to develop new legislation
What are the advantages of creating law using acts of parliament ?
democratic
long & thorough
create broad policies
reform whole areas of law & bring together into one act (codification)
parliamentary sovereignty
How is there democracy in PLM ?
those who make law are elected and can be voted in or out by public
election every 5 yrs
Why is democracy an adv. and e.gs?
public have power to be involved and influence MPs - 2010 election Libdems said abolish tuition fees formed coalition w conserv. and raised to £9,000 lost most MPs
How is there lots of consultation and scrutiny ?
even in green papers , interested parts put forward views & object.
also go through both houses thru long process of discussing and criticising line by line
Why is scrutiny and adv. ?
because of all of the review it is the best version of the bill that it can be and if it isn’t it will not progress any further
How is there broad policies in PLM ?
others can fill in details to policies at a later date
Why are broad policies an adv. and e.gs ?
allowed greater detail to be incl. by those w expertise - Police and Criminal Evidence Act 1984 (rights & regs. of polic)
however detail in how use them in PACE Codes of Conduct - 8 codes
How is codification seen in PLM and e.gs ?
reforms and brings together an area of law into 1 act - Fraud Act 2006 , abolished old offences of deception & fraud create simpler structure
Why is codification an adv. ?
judges only change small areas of law and only on POL in case
parl. can make bigger changes all at once so law is more accessible
Where is parliamentary sovereignty seen in PLM ?
statute by parl. is highest law and must be followed by all without question and must be applied by the specific wording of the statue
Why is Parl. sovereignty an adv. ?
allows parl. to maintain control over law which stop other law making bodies overruling their authority
what are the disadvantages of PLM ?
bills are rushed
archaic and undemocratic process
long process
government control
How are some bills rushed in PLM and e.g and how do parl. not always have time ?
Dangerous Dogs 1991 - rushed thru, serious problems as didn’t define by breed but type (broader)
1993 Law Com. suggest. change to OAPA 1861 - gov. draft bill 1998 but still not before parl.
Why is rushing laws and lack of time a disadv. ?
DDA 1991 - led to high cases of dogs being put down still not properly fixed
OAPA 1861 - outdated as many concepts in society changed since 1861 so laws can be unfit and wholly unfair
How is PLM archaic and undemocratic?
whip system - whip forces MP to vote w party wishes
Public Bill Committee - always have majority of MP so control changes sug.
HOL - can suggest change not voted out
DL - bodies not elected
Why is undemocratic a disadv. to PLM?
Whip - bully tactics
PBC - little real debate
HOL - cannot be voted out
DL - unelected
public can vote, other factors show wants aren’t achieved
How is the PLM process long and e.gs ?
Consumer Rights Act 2015 took 14 months for royal assent
law can be of public interest which has a lot of support
Why is the long PLM process a disadv. ?
CRA 2015 - takes a lot of time to finish
public support - the long process means the public may lose interest meaning a lack of momentum
How is government control in PLM and e.gs ?
controls debates in parl. and timetable for debate
when MP proposes bill gov. can vote it out as have majority
if gov. disagree can vote down bill
if includes errors hard to correct because of parl. sovereignty DDA 1991
Why is gov. control a disadv. ?
control timetable - not always fairly apportion time especially PMBs
can vote bill out very easily as have majority and power and ultimately control
